Cross state legality questions

[deen_ad]

I have never understand their mentality on a search for "officer safety" of a vehicle. It's not legal now and never will be. Some think it is the same as a terry search for weapons.

Better check this out. As I remember it went to at least the state supreme court and was upheld.

8 US Presidents have been NRA members
80 MILLION gun owners didn't shoot anyone today, a few criminals did!!

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The "Feedback Score" is low by 4, not everyone posts it I guess.

Deen
NRA Benefactor/Recruiter
Washington Arms Collector member
Arms Collectors of South West Washington member

 

[joeroket]

Better check this out. As I remember it went to at least the state supreme court and was upheld.

8 US Presidents have been NRA members
80 MILLION gun owners didn't shoot anyone today, a few criminals did!!

----------------------------------------------------------

The "Feedback Score" is low by 4, not everyone posts it I guess.

Deen
NRA Benefactor/Recruiter
Washington Arms Collector member
Arms Collectors of South West Washington member

I stand corrected. The case was Michigan v. Long. It does follow the same guidelines as Terry did however. The search must be limited to areas where a weapon may be placed or hidden. If you are carrying it on your hip I think they would have a hard time showing that they needed to search the console, under the seats, and the glove box under Long. They also must have reason to believe, like in Terry, that the person is dangerous and may gain immediate control of the weapon.

I think the court erred in its decision in this case however as their decision seems to contradict the facts of the case. Long was met at the rear of the car and the officers saw a rifle inside and something protruding from the armrest. The officers did a pat down of Long's person and found no weapons. Based on this info he was more than likely not able to gain immediate control of the weapons that were inside the car as he was outside the car with the officers.

the search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officer to believe that the suspect is dangerous and the suspect may gain immediate control of weapons.